Whistleblower Law Blog

Are AIR21 Whistleblowers Subject to Mandatory Arbitration Agreements?

April 5, 2016
A study released in December 2015 by the Economic Policy Institute (EPI) confirmed what employment law practitioners have always known to be true: Employees who are forced to submit to binding arbitration to resolve their employment claims win less often and receive much lower damages than employees who are able to pursue their...

AIR21 Whistleblower Wins Claim Against Southwest Airlines

March 31, 2016
The Department of Labor (DOL) recently ruled on a retaliation complaint in the airline industry that resulted in stronger protections for whistleblowers in the aviation industry. The matter involves Jeffrey Bondurant, who worked as a Cargo Customer Service Manager at Southwest Airlines. On three occasions between 2010 and 2012...

What does “Successful Enforcement” Mean: Understanding the CFTC’s Terminology

March 30, 2016
The CFTC’s commitment to curbing commodity futures trading violations is exemplified by its Whistleblower Program: when a whistleblower provides original information that leads to a successful investigation and results in sanctions over $1,000,000, she is entitled to a percentage of that award.  Though this is an attractive...

FRSA Whistleblower Scores Win Despite Possible Wrongdoing

March 29, 2016
The following scenario should be familiar to railroad employees: An employee sustains a workplace injury; the employee reports the workplace injury to the railroad; the railroad conducts an investigation into the injury; the railroad concludes that the employee’s statements about the injury are false or misleading; and the...

How to Prove Causation in a Whistleblower Termination Claim

March 24, 2016
When an employee reports wrongdoing to her employer, it is only natural for her to fear what the consequences of that reporting might be. Employees are protected from whistleblower retaliation under a number of federal and state laws covering a wide range of subject matters: reporting violations of workplace safety law under...

How to Tell if You're a Victim of Workplace Retaliation

March 22, 2016
Most whistleblower accounts start out the same. You are working for a company, anywhere from the mail room to an executive position, and you notice employment practices that aren’t quite right. Many employees might turn the other way, but you decide to raise it with someone. You may go to your supervisor or even to a federal...

OSHA Backs Employee in Whistleblower Fight with Lear Corp.

March 17, 2016
In an unexpected policy shift that should encourage whistleblowers and those concerned about workplace safety, the U.S. Department of Labor (DOL) has begun aggressively pursuing lawsuits under a whistleblower protection statute that had lain largely dormant for years. Section 11(c) of the Occupational Safety and Health Act (“...

Monetary Sanctions and Award Percentage: Understanding the CFTC Whistleblower Program

March 16, 2016
As you know from our discussion last week that outlined the aims of the Commodity Futures Trading Commission’s (CFTC) Whistleblower Program, the 2012 initiative promises to pay CFTC whistleblowers 10% to 30% of monetary sanctions over $1 million should they provide information that leads to a successful enforcement action. ...

6 Ways Whistleblowers Can Protect Themselves

March 15, 2016
For government agencies and regulators seeking to deter and punish instances of fraud, corruption and other wrongdoing that threaten the public interest, cases are often proven thanks to essential information provided by employees on the “inside.” Those who report this pertinent information are known as “whistleblowers” and, by...

Transportation Whistleblower Awarded Payment under the Surface Transportation Assistance Act of 1982

March 10, 2016
On March 3, 2016, the Occupational Safety and Health Administration (OSHA) ordered Jake Rieger Farms LLC to pay $55,000 in wages and damages for terminating a truck driver who refused to violate state law. An Iowan truck driver was operating a Jake Rieger semi-truck in January 2015 when he was ticketed by commercial motor...

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